- Yikes! “House Committee Approves Bill Mandating That Internet Companies Spy on Their Users” [EFF; Julian Sanchez, New York Post/Cato and podcast]
- Australia courts skeptical about claim that sex injury is covered under workers’ comp [Herald Sun]
- Well-off community doesn’t need annual HUD grant, seeks to sell it [Dan Mitchell]
- Report: playful City Museum in St. Louis has taken down signs criticizing lawyers [Bill Childs/TortsProf, earlier]
- Chicago neurosurgeons pay $4500 a week in med-mal premiums, blame lawless Illinois Supreme Court [Medill Reports] Supreme Court declines to review Feres doctrine, which shields military doctors (among others) from suits [Stars and Stripes] Why is the most widely cited number of medical-misadventure deaths such an outlier? [White Coat; more here, here, etc.]
- After “Facebook broken heart” suit, will pre-nups for Mafia Wars relationships be next? [Tri-Cities Herald]
- Another horrific report of poppy seed positive drug test followed by child-grabbing [Radley Balko]
Posts Tagged ‘medical malpractice’
July 29 roundup
- Don’t: “Lawyer Disbarred for Verbal Aggression to Pay $9.8M Fine for Hiding Cash Overseas” [Weiss, ABA Journal]
- Loser-pays might help: “Dropped malpractice lawsuits cost legal system time and money” [Liz Kowalczyk, Boston Globe]
- “Kim Kardashian and the Problem With ‘Celebrity Likeness’ Lawsuits” [Atlantic Wire]
- Kim Strassel on the Franken-spun Jamie Leigh Jones case [WSJ]
- Peggy Little interviews Prof. Lester Brickman (Lawyer Barons) on new Federalist Society podcast;
- Worse than Wisconsin? “Weaponizing” recusal at the Michigan Supreme Court [Jeff Hadden, Detroit News]
- New York legislature requires warning labels for sippy cups [NYDN]
July 22 roundup
- Illinois prisoner sues for land to start his own country [AP]
- “Have you got a piece of this lawsuit?” Important Roger Parloff piece on litigation finance [Fortune, now out from paywall] “Hedge Funds Finance Medical Malpractice Claims” [Jeff Segal, Michael Sacopulos and Wayne Oliver, Forbes via White Coat]
- Criminalizing bad parenting: more scrutiny of “Caylee’s Law” proposals [Steve Chapman, L.A. Times and Boston Globe editorials, New Scientist]
- Deal with ADA complainant averts closure of popular Popponesset Marketplace in Mashpee, Mass. [Cape Cod News]
- Because it’s not as if NYC needs electricity or anything: Bloomberg gives $50 million to Sierra Club campaign to stop coal burning by utilities [WaPo] “Environmental justice” arguments deployed against pipeline that would bring Alberta tar sands oil to U.S. [John Kendrick, WLF]
- Unimpaired have permanent right to sue: Fla. high court throws out asbestos-reform law [PBP]
- Red tape demanded by quality-of-life progressivism suffices to strangle poorer urban economies [Walter Russell Mead]
June 27 roundup
- “Electronic Arts Has Right to Refer to John Dillinger in Its Video Games” [Volokh]
- Fans of “Civil Gideon” (constitutional entitlement to publicly funded lawyers in civil cases) glum that SCOTUS didn’t give idea much of a boost in Turner v. Rogers case last week [Concurring Opinions symposium, ABA Journal]
- Feds (in particular, the FTC) go after Google [AW, Manne & Wright/TotM, Stoll]
- “The Dept of Education, Yale, and the New Threat to Free Speech on Campus” [Greg Lukianoff/HuffPo] “In Making Campuses Safe for Women, a Travesty of Justice for Men” [Christina Sommers, Chron Higher Ed] Feds crack down on campus flirting and sex jokes [Michael Barone, D.C. Examiner] Heather Mac Donald on Yale hostile-environment complaint [City Journal, earlier] “Why Cross-Examination Rights Matter in Campus Sexual Harassment Cases” [Hans Bader]
- Trial lawyer propaganda coup? HBO airs plaintiff’s-side “Hot Coffee” documentary [Abnormal Use, Ted Frank/PoL, Schwartz/NYT, more, yet more]
- Financial institutions abroad will be pleased to be roped into U.S. regulatory schemes. Won’t they? [Dan Mitchell, Cato at Liberty]
- Proposal for judge-guided negotiations in NY med-mal cases leaves Ted Frank underwhelmed [PoL]
- “Virginia inmate sues after gruesome tries at sex change” [AP]
Medical liability reform: the federalism problem
It’s quite real, I argue at Cato at Liberty — and I try to draw some distinctions as to ways Congress could usefully address liability without inserting itself into the proper business of the state courts. More: Adler, Volokh; Reynolds, Instapundit, Turkewitz, Childs/TortsProf, Beck/Drug & Device Law.
May 10 roundup
- Hey, why don’t we invade people’s privacy so we can recruit them as figureheads for our privacy-invasion class action? [Cal Biz Lit, earlier on Starbucks pot-convictions case] Class-action coupon settlements are a no-win for consumers [Michelle Singletary, WaPo]
- “Former Silicosis Clients Sue O’Quinn Law Firm, Estate” [Texas Lawyer via PoL, related earlier]
- Gathering ammunition for suits: “Are your employees recording you?” [Hyman]
- Canada: “Inflatables too dangerous for school fair” [Free-Range Kids]
- Evaluating the effectiveness of medical liability reforms [Kachalia & Mello, NEJM]
- “Everything You Ever Wanted to Know About ‘Judge Judy’” [TV Squad]
- “Woman awarded $45,000 after dog kills cat” [six years ago on Overlawyered]
May 2 roundup
- In suit over weird, elaborate online hoax, court allows fraudulent-misrepresentation claim despite lack of motive of tangible gain [Chi Trib]
- Service animal rodeo: “A trained rat probably would have had a good case in California” [AP/Statesman-Journal] Broward County, Fla. backs lonely widow’s right to keep “prescription Chihuahua” against rules of condo board [AOL, Sun-Sentinel] Oklahoma: “Depressed Woman Fights to Keep Therapy Kangaroo” [Newser] Earlier on recent change in federal rules;
- Should lawmakers screen bills for constitutionality? Ms. Lithwick has trouble sticking to a position [AEternitatis]
- Human-relations complaint leads to arrest of U.K. man for singing “Kung Fu Fighting” [MSNBC]
- Barney Frank: Yes, let’s talk about med-mal reform [The Hill] Ringing the bell: Roundups of more big med-mal verdicts [White Coat, more]
- “Expert Witnesses Stripped Of Immunity From Negligence Suits In The UK” [Erik Magraken]
- “Sustainability”: an empty idea? Or perhaps actively wrongheaded? [David Friedman via David Henderson]
March 28 roundup
- Maricopa-cabana: Sheriff Arpaio uses tank (with Steven Seagal along) to raid cockfight suspect [KPHO, Coyote, Greenfield, Balko]
- Malpractice reform in New York is about more than money (though it’s about that too) [Paul Rubin, TotM; NYDN]
- EEOC initiative combats alleged employer bias against unemployed job applicants [Bales/Workplace Prof, Hyman]
- After court rejection of Google Books settlement, where next? [Timothy Lee/ArsTechnica, David Post]
- When your lawyerly conduct has been eviscerated by Judge Easterbrook, you know it [Above the Law]
- Ninth Circuit rules on legality of keyword advertising using other firms’ trademarks [Coleman]
- Election showdown over future of Wisconsin Supreme Court [PoL, more, Esenberg, Althouse]
- Legal battle follows NYC’s attempted application of sidewalk bicycle ban to unicyclist [AP]
March 3 roundup
- EU imposes unisex insurance rates [BBC, Wright]
- Law blog on the offense? TechnoLawyer asserts trademark claim against Lawyerist over “Small Law” [Lawyerist]
- “Pro-business Supreme Court” meme strikes out yet again as SCOTUS backs “cat’s-paw” bias suit theory by 8-0-2 margin [Josh Blackman, Schwartz, Fox; Lithwick locus classicus]
- Subprime CDO manager sues financial writer Michael Lewis over statements in his book The Big Short [AW, Salmon, Kennerly]
- Police in Surrey, England, deny advising garden shed owners not to use wire mesh against burglars [Volokh, earlier]
- Patterns of intimidation: protesters swarm Speaker Boehner’s private residence [Hollingsworth, Examiner] Unions fighting Wal-Mart in NYC plan actions at board members’ homes [Stoll] Report: GOP lawmakers in Wisconsin fear for personal safety [Nordlinger, NRO] White House pushing street protests [Welch, Nordlinger] Age of Civility short lived [Badger Blogger, Althouse, Sullivan]
- In clash with trial lawyers, Cuomo proposes pain and suffering limits in med-mal suits [NYDN, more: NYT] “Bloomberg looks to Texas for ideas on changing medical malpractice laws” [City Hall News]
- Hey, should we seize his drum set? Infuriating video on cop raids and forfeiture laws [Institute for Justice, Michigan]
New study: defensive medicine rife
“Nearly 35 percent of all the imaging costs ordered for 2,068 orthopaedic patient encounters in Pennsylvania were ordered for defensive purposes, according to a new study presented today at the 2011 Annual Meeting of the American Academy of Orthopaedic Surgeons (AAOS).” [AAOS, ABA Journal, Frank]
Related: David Freddoso, “Trial lawyers release malpractice primer.“